When someone died without a will, their estate is distributed according to the rules of intestacy. These rules decide who inherits and how much they receive. Understanding them is essential, as they do not always reflect your wishes.
Below is a clear breakdown of who stands to inherit under the laws of intestacy in England and Wales.
If you are married or in a civil partnership and do not have children, your spouse or civil partner will inherit your entire estate under the rules of intestacy.
However, if you are divorced or your civil partnership has been legally dissolved, your former spouse or civil partner will not inherit.
The position changes if you leave behind both a spouse or civil partner and children:
The remaining 50% is divided equally between your children.
If you do not have a spouse or civil partner, your estate will be divided equally between your children.
If a child has died before you, their share will usually pass to their children (your grandchildren).
If you have no spouse, civil partner, or children, your estate may pass to other blood relatives. This can include:
The exact order of inheritance depends on which relatives are alive at the time of death.
Unmarried partners do not automatically inherit under the rules of intestacy, regardless of how long the relationship lasted.
As a result, this can cause serious financial and legal complications. For unmarried couples, making a will is essential to protect your partner.
Stepchildren and foster children do not have an automatic right to inherit under the intestacy rules.
If you want them to receive a share of your estate, you must clarify this in a valid will.
While the rules of intestacy provide a framework, they are often inflexible. They may not reflect modern family structures or personal wishes.
As a result, disputes are common.
Disputes arising from intestacy can be complex, particularly when multiple parties are involved. For this reason, seeking advice from a qualified probate solicitor is highly recommended.
A solicitor can:
Our team has extensive experience dealing with contentious probate and intestacy disputes. We protect your position and work towards a clear resolution.
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